Terms & Conditions

Disclaimer

The Built Environment Sustainability Scorecard (BESS) website has been provided for the purpose of information and communication. While we make every effort to ensure that material on this site is accurate and up to date (except where denoted as ‘archival’), this material does in no way constitute the provision of professional or specific advice. You should seek appropriate, independent, professional advice before acting in any of the areas covered.

The Municipal Association of Victoria (MAV) and CASBE (Council Alliance for a Sustainable Built Environment) member councils do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or any linked sites.

By entering this site, you will be deemed to have released and discharged the Municipal Association of Victoria (MAV) and CASBE (Council Alliance for a Sustainable Built Environment) member councils from all liability in respect of any loss suffered as a result of relying on the information on this site. By entering this site, you will be assuming all risks associated with the use of this site.

The BESS website is not intended to be, and should not be relied upon as, the ultimate and complete source of information on any particular topic.

We accept no responsibility for information on other websites, even where we have linked to them from our site. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. Links to external websites do not constitute a recommendation or endorsement of any product, information or service contained on that website.

Information on this website does not necessarily reflect the views of the Municipal Association of Victoria (MAV) or the CASBE (Council Alliance for a Sustainable Built Environment) member councils.

Terms and Conditions

This document sets out the terms and conditions relating to use of the Built Environment Sustainability Scorecard (BESS) website and the terms of use under which you are provided access as a Registered User to the Built Environment Sustainability Scorecard.

If you have any questions about these terms and conditions or wish to correct your personal information, please contact us.

1. General Conditions

Agreement

In accessing and using the BESS website, you agree that you have read and understood the terms of the General Conditions, Disclaimer, Copyright and Privacy Statement.

Service availability

It is impossible for the MAV and CASBE member councils to ensure that the services are provided to you at all times or at any specific times or will be able to operate at all times error-free. After hours provision of services are influenced by availability of related computer systems. The MAV and CASBE member councils make no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you.

New or revised Terms and Conditions

The MAV and CASBE may update these terms and conditions as new versions of the BESS tool are published.

Your right to access and use the Tool or the Service will terminate immediately upon notice of the new Terms of Use for Registered Users (the terms). You will be given an opportunity to review and accept the new terms. If you accept, and if the log-on identity registered to you is accepted, you will be able to continue using the Tool and the Service subject to the conditions of the new terms. If you decline to accept the new terms, or if you cannot comply with the conditions of the new terms for any reason, you will no longer be permitted to access the Tool or Service.

Governing law

Your access to and use of the BESS website is governed by the law of Victoria, the Commonwealth, and the governing law of the country within which the server hosting company operates, and you agree to submit to the non-exclusive jurisdiction of the courts in those locations.

Internet charges

You are responsible for any internet connection fees that you incur.

2. Copyright

Copyright subsists in the material on and accessible from this website. Copyright is owned by the Municipal Association of Victoria 2014. All rights reserved.

Please contact us to seek permission to reproduce, alter, store or transmit copyrighted material from this website for any purpose.

Permission is hereby granted to registered users to use the BESS report found on this website, provided that the reports are unaltered (other than by completing information sought in the form); and when providing the reports to third parties, it is the user's responsibility to ensure that they are up to date at all times.

3. Terms of Use

Only registered users can access and use the BESS website. Registered users of this site agree to be bound by these Terms of Use and are provided access to the BESS tool on this basis only.

Before you can use the BESS tool, you must read, understand and agree to these Terms of Use. In accessing and using the BESS website, you also agree that you have read and understood the terms of General Conditions, Definitions, Copyright, and Code of Conduct. You also agree that you have read and understood the Disclaimer and the Privacy Policy.

User eligibility

You may register to use BESS for the purpose of completing a BESS report only if you are over 18 years old, a corporation, Limited Liability Company, partnership or other legal or business entity registered to trade in an Australian jurisdiction.

Becoming a Registered User

You must register as a user to compete a BESS report. When creating or updating a Registered User log-on, you are required to provide certain personal information such as your name, address, phone number, email address. You agree that you will supply accurate and complete information when requested, and that you will update that information promptly after it changes. (Refer to our Privacy Policy if you have any concerns about providing information).

Username and password

Your username and password are the log-in identity used to access your project files. They are very important pieces of information and it is your responsibility to keep them secure. You agree not to share the log-in identity with anyone other than as expressly authorised by these Terms of Use. You are responsible for maintaining the confidentiality of the log-in identity, and are responsible for all uses of the log-in identity, including payments, whether or not authorised by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of the log-in identity, you agree to log-in and change it immediately and to also advise us by using the email facility at the Contact Us link on the home page.

To respond to enquiries, a CASBE officer or MAV officer may request that you disclose your username and password. Such disclosure is not a breach of these terms.

User and Project Details

Information entered to complete a BESS report may be accessed by MAV and CASBE officers for the purposes of responding to help requests, for quality control, auditing and compliance checks.

Ownership of BESS reports

Ownership, interest, copyright or other intellectual property value contained in project files is limited to any interest or rights the user, or any third party, may have in the design of the project, and does not extend to the added value, if any, that the details have as a BESS project file, as a means to calculate BESS scores or to generate a BESS Certificate.

You agree that ownership of the BESS project files created by you remains with the MAV and any right to access, modify, add or amend projects is granted by the MAV at its discretion and in accordance with any limitations contained within these Terms of Use.

Discontinuation or modification of the BESS Tool

The MAV may change, modify, suspend, or discontinue any aspect of the BESS Tool at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Tool or associated with your project files. The MAV may also revise other policies, including without limitation the BESS targets and actions, at any time.

Notwithstanding that no notice is required, the MAV will use reasonable endeavours to advise you of changes to the BESS Tool, but will not be held liable for failure to notify.

Improper use of the BESS Tool or website ('the site')

You agree that you will not, under any circumstances:

modify or cause to be modified any BESS reports in any way not expressly authorised by the MAV, attempt to gain unauthorised access to project files registered to other users, or the computer systems or networks connected to the site.

institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, use automation software, hacks, or any other unauthorised third-party software designed to modify the website, intercept, "mine", or otherwise collect information from or through the website or otherwise attempt to disrupt the site or any other person's use of the site;

host, provide or develop matchmaking services for the site, or intercept, emulate or redirect the communication protocols used by the MAV in any way, for any purpose, including without limitation unauthorised generation of BESS reports or calculation of BESS scores.

4. Code of Conduct

In accessing and using the BESS forum, you agree that you have read and understood the BESS forum Code of Conduct.

All members of the BESS forum are bound to comply with the Code of Conduct. Failure to comply may mean expulsion from the group at the discretion of the administrators. The administrators of this group will not be liable for members’ actions. Any views expressed in this group are those of the individual sender or poster.

What you should and shouldn’t say

The rule of thumb when communicating via social media or email is, ‘If in doubt, don’t say it.’ Another useful question to ask your self is, ‘Would I say this to the person’s face?’ If the answer is no, then you shouldn’t say it online either. Like any work communication, what you say within the enterprise social network should be polite, respectful and not breach any legislation such as privacy, defamation, bullying or harassment. You’re the representative for your organisation, so make sure you act professionally. We encourage an open discussion in this forum. Provided you’re not breaking any laws, negative comments can be acceptable; just make sure you use facts instead of opinions. For example, instead of saying a system is so useless you’d rather go back to pen and paper you should state the factual reasons why you find it problematic – for instance the staff finds it difficult to input and save data because the system crashes.

Personal opinions versus organisational positions

Clearly state when you’re expressing your personal opinion so people know the statement isn’t a fact. Posts should include, ‘In my opinion…’ Make sure you don’t undermine your organisation’s position, for example by expressing a personal opinion that’s at odds with the official position.

Applicable laws

Enterprise social networks, including those that are private or invitation only, are still subject to all laws. Particularly relevant laws include: · privacy · defamation · intellectual property · negligence · harassment and bullying · discrimination, including accessibility · freedom of information

If a matter goes to court, the court or tribunal can give the other party in the legal proceedings access to relevant communications on the network. Be aware that you can still be held liable even if you unintentionally breach legislation or laws. Seek legal advice or read your organisation’s HR and social media policies if you’re not sure whether your comments will breach a law.